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TMI BlogITC for transportation of employees in busX X X X Extracts X X X X X X X X Extracts X X X X ..... ITC for transportation of employees in bus X X X X Extracts X X X X X X X X Extracts X X X X ..... s paid to the vehicle operator. SAC code 996601 issue: ITC eligibility under current law and post amendment 01/02/2019 Reply By DR.MARIAPPAN GOVINDARAJAN: The Reply: In my view it is eligible. Reply By KASTURI SETHI: The Reply: I support the view of Dr.Govindarajan, Sir. I am also of the view that if any supplier of goods or services hires bus or any other motor vehicle carrying more than s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ix passengers for their employees or otherwise, shall not fall under the definition of rent-a-cab u/s. 17(5) and ITC will be allowed on services which fall under HSN 996601. Reply By Bipin Parmar: The Reply: Dear Experts, 17(5)(b)(iii) travel benefits extended to employees on vacation such as leave or home travel concession: Provided that the input tax credit in respect of such goods or servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es or both shall be available, where it is obligatory for an employer to provide the same to its employees under any law for the time being in force. Will it affect the eligibility of ITC on pickup-drop facility provided to employees? Reply By KASTURI SETHI: The Reply: No. It will not effect. Such pick drop of employees is not obligatory for employers. Reply By Madhavan iyengar: The Reply: si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs please see this judgement of haryana aar where they have held that irrespective of the seating capacity vehicles carrying passengers will fall under rent a cab and covered by disallowance u/sec 17(5) AAR judgement in ref: HAR/HAAR/R/2018-19 = 2019 (2) TMI 1081 - AUTHORITY FOR ADVANCE RULING, HARYANA. experts pls enlighten Reply By Bipin Parmar: The Reply: Dear Kasturi Sir, I'm still co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nfused. Section 17(5)(b)(iii) says ITC on travel benefits extended to employees would be available only if it's obligatory for the employer to provide. However here as you said it's not obligatory for the employer to provide such travel benefits. Then how would ITC be available? Please clarify. Thanks Bipin Reply By KASTURI SETHI: The Reply: SH. Madhavan iyengar, JI, Pl.inform name ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant/party in AAR Haryana. Reply By KASTURI SETHI: The Reply: Dive deep into the legal meaning of the word, 'obligatory'. One of the legal meanings is 'statutory binding'. For example; Maintaining safety standards is a statutory requirement . Availing LTC is not a statutory requirement.You can search for more statutory requirements for the employer. Reply By Madhava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n iyengar: The Reply: Kasturiji YKK India Pvt Ltd = 2019 (2) TMI 1081 - AUTHORITY FOR ADVANCE RULING, HARYANA advance ruling haryana 2018-19/04 Reply By KASTURI SETHI: The Reply: In this aspect, AAR Haryana has discussed /covered all the aspects including the issue of 'Obligatory for the employer----------------'. The applicant in this case could not prove that Rent-a-cab was obligato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry on the part of employer to provide this service to their employees'. Reply By Harsha Dattani: The Reply: Dear Expert, We have transport facility for staff from station to office in bus of 50 capacity, our transporter not charging us GST, whether we need to pay RCM @5% and can claim input credit. Please reply Harsha Reply By KASTURI SETHI: The Reply: Hiring bus is not under RCM. Repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y By Bharat Sharma:
The Reply:
Hello,
My doubt is that is this ITC availment conflicting with the Schedule 1 of CGST Act ?
If the bus services are provided to Employees free of cost or say nominal amount (not market value) and no GST is charged, which is treated as gift/perquisite to the employees then the ITC on hire of such bus services can be availed ? X X X X Extracts X X X X X X X X Extracts X X X X ..... g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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